Commissioner Of Central GST And Central Excise , J And K vs. Hardcastle Petrofer PVT. LTD.

CEA/64/2018HC Jammu and Kashmir and LadakhGSTCNR JKHC02009919201821 August 2019Bench: HON'BLE MR. JUSTICE RAJESH BINDAL,HON'BLE MRS. JUSTICE SINDHU SHARMA1 pages
AI SummaryRemanded

Held

The Court decided to dispose of the present appeal in terms of the detailed order passed in CEA No. 05/2018, Commissioner of Central GST and Central Excise, Jammu v. Sun Pharma Laboratories Limited. This implies that the outcome of the present appeal is contingent upon and identical to the outcome of the aforementioned connected case. The reasoning and ratio decidendi would therefore be those established in the order for CEA No. 05/2018. The operative directions are to dispose of this appeal in line with the decision in the connected matter. No specific issues were expressly left undecided in this judgment, as it relies on a prior detailed order.

Facts

This is an appeal filed by the Commissioner of Central GST & Central Excise (J&K), Jammu, against Hardcastle Petrofer Private Limited. The appeal was decided on August 21, 2019. The judgment states that the present appeal is disposed of in terms of a detailed order passed in a connected case, CEA No. 05/2018 titled 'Commissioner of Central GST and Central Excise, Jammu v. Sun Pharma Laboratories Limited'. No specific facts regarding the dispute between the Commissioner and Hardcastle Petrofer Private Limited are recorded in this judgment.

Key Issues

The judgment does not explicitly frame specific questions of law or fact for this particular appeal. It states that the appeal is disposed of in terms of the order passed in a connected matter, CEA No. 05/2018. Therefore, the issues decided are those that were decided in the referenced connected case. The petitioner (Commissioner) would have argued for the grounds raised in their appeal, likely pertaining to the interpretation or application of GST laws. The respondent (Hardcastle Petrofer Private Limited) would have presented their defense against these grounds. The specific arguments and provisions relied upon are not detailed in this judgment, as it refers to a separate, more detailed order.

AI-generated summary — verify with the full judgment below

Cause title — parties, addresses and appearances
HIGH COURT OF JAMMU AND KASHMIR AT JAMMU CEA No. 64/2018 IA No.01/2018 Decided on: 21.08.2019 Commissioner of Central GST & Central Excise (J&K), Jammu …Appellant(s) Through:- Mr. Jagpaul Singh, Advocate. v/s Hardcastle Petrofer Private Limited … Respondent(s) Through:- None. HON’BLE MR. JUSTICE RAJESH BINDAL, JUDGE HON’BLE MS. JUSTICE SINDHU SHARMA, JUDGE

ORDER

RAJESH BINDAL, J

The present appeal is disposed of in terms of the detailed order passed today in CEA No.05/2018 titled as ‘Commissioner of Central GST and Central Excise, Jammu v. Sun Pharma Laboratories Limited’.

(Sindhu Sharma) (Rajesh Bindal)

Judge Judge Jammu 21.08.2019 Raj Kumar

Whether the order is speaking : Yes/No.

Whether the order is reportable : Yes/No.

Coram : RAJ K

The judgment continues below.

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Reproduced from the public record of the High Court of Jammu and Kashmir and Ladakh. Verify against the court's own copy before relying on it. Income tax judgments are on bharattax.net.